• Commonwealth v. Markowitz

    Publication Date: 2023-05-29
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 671 C.D. 2022

    State trial court lacked jurisdiction to hear petition to restore firearms rights from petitioner who was disabled from purchasing firearms pursuant to federal law and who did not have a "disabling offense" because his underlying conviction carried a maximum sentence greater than two years' imprisonment. Order of the trial court affirmed.

  • Borowski v. Kean Univ.

    Publication Date: 2023-05-26
    Practice Area: Administrative Law | Civil Rights | Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1575

    Plaintiff appealed the district court's dismissal of her complaint.

  • Amin v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-05-22
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Fizzano Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 774 C.D. 2022

    Unemployment Compensation Board of Review properly affirmed dismissal of appeal where there was no record evidence of a timely filing of an appeal from a notice of determination or evidence that fraud or administrative breakdown prevented claimant from timely filing an appeal or presenting evidence of the timeliness of their appeal. Order of the UCBR affirmed.

  • Moody v. Commonwealth, Dep't of Transp.

    Publication Date: 2023-05-22
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 864 C.D. 2021

    Driver's silence constituted refusal of chemical testing where implied consent warnings were read twice over a period of several minutes and driver failed to identify what parts of the warnings they did not understand or request more time to formulate questions about the warnings or decide whether to submit to testing. Order of the trial court affirmed.

  • Amin v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-05-22
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Fizzano Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 773 C.D. 2022

    The Unemployment Compensation Board of Review properly affirmed dismissal of claimant's appeal as untimely where there was no evidence of a timely filing and claimant was allowed to submit evidence at the referee hearing, nor was there evidence of administrative breakdown or fraud that would excuse an untimely filing. Order of the UCBR affirmed.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • The Marcellus Shale Coal. v. Dep't of Envt'l Prot.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: Energy | Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 69 MAP 2021

    Legislature conferred authority upon environmental regulatory agencies to define what constituted "public resources" in the context of approval of unconventional gas well applications. Order of the commonwealth court reversed.

  • Vellon v. Dep't of Transp.

    Publication Date: 2023-05-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 39 MAP 2022

    Commonwealth court erred in upholding appellant's sentence on his first DUI where appellant was sentenced to two DUI's on the same day and trial court found both offenses had to be considered prior offenses to each other because subsection 3806(b)(3) made clear that when two or more judgments of sentence were entered on the same day, that timing did not impact the calculation of the sentences as a prior offense at the time of sentencing on the present violation. Reversed.

  • Twp. of Marple v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2023-05-01
    Practice Area: Administrative Law
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 319 C.D. 2022

    Township appealed Public Utility Commission's decision finding energy company's plans for a gas reliability station were exempt from township's zoning ordinances and court found PUC's "deference" to other agencies was illusory, its environmental review was substantively nonexistent and the decision was constitutionally deficient. Vacated and remanded.

  • PSP NE, LLC v. Pennsylvania Prevailing Wage Appeals Bd.

    Publication Date: 2023-04-17
    Practice Area: Administrative Law
    Industry: Construction | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 576 C.D. 2022

    Prevailing Wage Appeals Board erred in determining the Prevailing Wage Act applied to developer's lease to build a facility for the state police to occupy and pay rent on because board erred in holding the lease was not a bona fide lease, improperly gave no weight to fact that developer held a reversionary interest in the building under construction and developer's recoupment of its construction costs through rental payments did not transform a lease into a "disguised construction contract." Reversed.

  • James v. Templeton

    Publication Date: 2023-03-27
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:19-CV-00270

    Procedural due process claim arising from downgrading of commercial driver's license denied where state had compelling interest in ensuring safety of commercial drivers and driver was afforded a meaningful post-deprivation hearing by being able to appeal the downgrading to the courts, where he could present evidence and witnesses and cross-examine the state's evidence. Defendant's motion for summary judgment granted.